Warranty and Liability. Obvious defects must be reported to IMD AG in wriĠng immediately after receipt of the goods or before the first commissioning by a technician, and in the case of hidden defects immediately after their discovery. The return of goods always requires IMD AG’s prior wriflen consent. With signature of the acceptance report after the first commissioning by a technician, custo- mer approves of the goods and services in the condiĠon as recorded the- rein. For defects occurring before the first commissioning through no fault of customer, customer only has the right of recĠficaĠon or where necessary the right of delivery of replacement parts and their installaĠon, whereby IMD AG bears the cost for the recĠficaĠon and the delivery of replacement parts and the installaĠon thereof. If the recĠficaĠon or the delivery and installaĠon of replacement parts is not possible or fails, customer has the choice to reduce the compensaĠon or, if not only immaterial defects exist, to withdraw from the contract. For defects that occur after the first commissioning of ordered goods and services IMD AG grants customer a limited warranty of two years. The war- ranty is limited to the delivery of replacement parts, whereby customer has to bear the costs of delivery and installaĠon of the replacement parts. The reducĠon of the compensaĠon, the withdrawl from the contract and the rescission of the contract are expressly excluded. The warranty period for replacement parts is limited to six months. Warranty cases do not trigger a new warranty period. Defects or damage caused by improper use are not covered by the warranty. The prescribed safety inspecĠons (hereinafter STK) as well as maintenance on the delivered equipment must be carried out or commissioned at the Ġme intervals specified by IMD AG at the expense of the owner/user. Should the owner/ user not be able to prove to IMD AG upon request that he/she had the STK and maintenance carried out properly, all warranty claims against IMD AG shall lapse. Any further warranty or liability is excluded as far as legally permissible unless IMD AG, its legal representaĠves or fulfilment agents are guilty of gross negligence or intent or IMD AG culpably violates essenĠal contractual obligaĠons. Liability in the event of injury to life, limb or health as well as under the mandatory applicable liability provisions for medical devices and product liability shall remain unaffected.
Warranty and Liability. 6.1. NOVARTIS warrants within the meaning and scope of Section 922 of the Austrian Civil Code (ABGB) that the goods have been produced in accordance with all mandatory applicable Austrian and EU pharmaceutical laws. 6.2. The CUSTOMER shall examine the delivered goods after receipt with regard to completeness, correctness and defectiveness, in particular also in regard to the integrity of the packaging. The CUSTOMER shall object defects immediately, but at the latest within 10 days after receipt of the goods or recognisability of hidden defects in writing with a precise description of the defects. If the CUSTOMER has not notified any defects within this time limit, the delivery shall be deemed to be approved and all claims, e.g. warranty, avoidance on account of mistake or compensation, shall thereby be inapplicable. This also applies in respect of wrong deliveries or deviations in the quantity delivered.
Warranty and Liability a) Warranty 1. Z-SYSTEMS hereby limits its warranty to non-defective craftsmanship and non-defective materials used, the precision of the dimensions confirmed in writing, as well as the physical and mechanical characteristics confirmed in writing by Z-SYSTEMS. This list is exhaustive. Claims for any other defects are excluded to the fullest extent legally permitted. In particular, the following is excluded from the warranty:
Warranty and Liability. 5.1 We shall furnish no warranty whatsoever for defects caused by improper handling. If the customer or third parties whom we have not authorised make changes to the products, our liability for defects and warranted properties shall not apply, unless the customer proves that the changes did not cause the defects and do not make it extremely difficult to properly rectify the defects.
Warranty and Liability. 4.1 Takeda Austria will warrant the goods’ fitness for a particular purpose or usability only if Takeda Austria has assured such a fitness or usability in writing.
Warranty and Liability. The customer shall ascertain, if necessary by test processing, whether the goods delivered are in perfect condition and suitable for the intended purpose. We shall not be liable if the customer fails to do this. Complaints must be submitted in writing without delay and at the latest within seven days from ar- rival of the goods at destination, and in the case of hidden defects within seven days from discovery of the defect. The former period shall apply to defects that could have been discovered in the course of proper inspection of the goods upon arrival. Justified complaints notified in time shall be remedied at our option by repair, replacement, a price reduction or taking back the goods and refunding the purchase price. The customer shall have no other claims. Consequential losses shall in all cases be excluded from the scope of liability. Complaints shall not entitle the customer to refuse to take delivery of the goods. Warranty claims shall become statute-barred, including in the case of hidden defects, within one year from delivery. If a consumer makes justified warranty claims within the statutory period appli- cable to him and our customer then takes recourse against us as a link in the supply chain, we shall be liable for the warranty claims as provided by law. xxxx@xxxxxxx-xxxxxxxxxxx.xx xxx.xxxxxxx-xxxxxxxxxxx.xx Registergericht Bad Oeynhausen XXX 0000 XxX: Niemann Beteiligungs GmbH Sitz: Pr. Oldendorf Geschäftsführer: Xxxxxxxx Xxxxxxx, Xx. Xxxxxxxxx Xxxx Xxxxxxx, Xx. Xxxxxxxxx Xxxx Xxxxx, Xxxxxxxx Bankverbindungen: Commerzbank Bielefeld BLZ 490 800 25 Xxx.Xx.: 000 000 000 Volksbank Lübbecker Land eG BLZ 490 926 50 Xxx.Xx.: 1 000 266 700 Unless otherwise agreed invoices shall be payable within 14 days from the invoice date without deduction. Payments shall always be applied to the oldest invoice. We will accept methods of payment other than cash only pending full discharge of the debt. Bank, discounting and collection expenses shall be borne by the customer. Payment by bills of exchange shall require prior agreement. No discount shall be deducted for payments by bill of exchange. If doubts arise as to the customer’s ability to pay or if the time for payment is exceeded we shall be entitled to demand payments in advance and to revoke times granted for payment.
Warranty and Liability. 4.1 Ta2eda Austria will warrant the goods’ fitness Ior a particular purpose or usability only iI Ta2eda Austria has assured such a fitness or usability in writing.
Warranty and Liability. 8.1 Supplier warrants that the products are free of defects as regards to quality, quantity, and title of any kind, as well as intellectual property (IP) rights, and that the products fully comply with the provisions explicitly set out in the contract, both at the date of delivery and throughout the warranty period. Furthermore, products must meet the customary characteristics, particularly the specifically set out properties, and meet all requirements as agreed in Clause 3 of these GTCP, excluding normal wear and tear and damage caused through improper / incorrect use by JCT. Declarations by Supplier, which limit his liability, are invalid.
Warranty and Liability. 7.1 Manufacturer hereby warrants, for the duration of 24 months starting with the delivery of the Products to Purchaser, that they are free from defects in construction, manufacture and material and that they correspond to specifically assured features.
Warranty and Liability. The customer shall ascertain, if necessary by test processing, whether the goods delivered are in perfect condition and suitable for the intended purpose. We shall not be liable if the customer fails to do this. Complaints must be submitted in writing without delay and at the latest within seven days from arrival of the goods at destination, and in the case of hidden defects within seven days from discovery of the defect. The former period shall apply to defects that could have been discovered in the course of proper inspection of the goods upon arrival. Justified complaints notified in time shall be remedied at our option by repair, replacement, a price reduction or taking back the goods and refunding the purchase price. The customer shall have no other claims. Consequential losses shall in all cases be excluded from the scope of liability. Complaints shall not entitle the customer to refuse to take delivery of the goods. Warranty claims shall become statute-barred, including in the case of hidden defects, within one year from delivery. If a consumer makes justified warranty claims within the statutory period applicable to him and our customer then takes recourse against us as a link in the supply chain, we shall be liable for the warranty claims as provided by law. Unless otherwise agreed invoices shall be payable within 14 days from the invoice date without deduction. Payments shall always be applied to the oldest invoice. We will accept methods of payment other than cash only pending full discharge of the debt. Bank, discounting and collection expenses shall be borne by the customer. Payment by bills of exchange shall require prior agreement. No discount shall be deducted for payments by bill of exchange. If doubts arise as to the customer’s ability to pay or if the time for payment is exceeded we shall be entitled to demand payments in advance and to revoke times granted for payment.